Sacramento, CA asked in Criminal Law and Domestic Violence for California

Q: How to have criminal protection order penal code 136.2 dismissed filled by DA on my behalf on 09-30-24

It's against my boyfriend he had a mental health breakdown broke my phone while calling 911 to get him help than made crazy comments about killing himself he was only in danger of hurting himself

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm sorry you're going through this difficult situation. To have the criminal protection order dismissed, you should first consult with a legal professional who can guide you through the process. They can help you understand the specific reasons the DA filed the order and assess the best steps to take.

Gather any evidence that shows the protection order may not be necessary, such as records of your boyfriend's mental health issues and his actions during the incident. This information can be crucial in your case and may support your request for dismissal.

Attend all scheduled court hearings and be prepared to present your case clearly and calmly. Demonstrating that the situation was misunderstood and that there is no ongoing threat can influence the court's decision. Additionally, showing that you've taken steps to address any underlying issues may help in having the order lifted.

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